The Honorable Tom Hanna 

Criminal District Attorney 

P. 0. Box 2553 

Beaumont, Texas 77704 

Opinion No. H- 182 

Re: Meaning of “general election” 

in $ 5(b), Article 5154C-1, 

V. T. C. S., the Fire and Police 

Employee Relations Act. 

Dear Mr. Hanna: 

Your request for an opinion concerns whether ,the term “general 

election” as used in the Fire and Police Employee Relations Act, Art. 

5154c-1, V. T. C. S., (Acts 1973, 63rd Leg., ch. 81, p. 151) refers to 

the November election or whether it refers to the last election held in a 

particular city. Section 5(b) deals primarily with the necessary requisite 

for the Act to be adopted by a city, town, or political subdivision. This 

section states in part: 

“Upon receiving a petition signed by the lesser of five 

percent or 20, 000 of the qualified voters voting in the last 

preceding general election in such city, town, or polita 

subdivision, the governing body of such city, town or political 

subdivision shall hold an election within 60 days after said 

petition has been filed with such governing body. ” (emphasis 

added) 

The relevance of the distinction lies in the number of persons voting 

in the applicable election, and therefore, the number of signatures required 

to petition a local option election under the statute. 

In Greenwood v. City of El Paso, 186 S. W. 2d 1015, 1016 (Tex. Civ. 

APP. 3 El Paso, 1945, no writ), the court considered the meaning of 

“general election” in Art. 3162, V. T. C. S. , which provided: 

p. 831 
The Honorable Tom Hanna, page 2 (H-182) 

“Independent candidates for office at a county, city 

or town election may have their names printed upon the 

official ballot on application to the county judge, if for a 

county office, or to the mayor, if for a city or town office, 

such application being in the sane form and subject to the 

. 

same requirements herein prescribed for applications to be 

made to the Secretary of State in case of State or district 

independent nomination: provided, that a petition of five 

per cent of the entire vote cast in such county, city or 

town at the last general election shall be required for such 

nomination. ” (emphasis added) 

The court’s analysis proceeded as follows: 

“The question posed is: does the term ‘last general 

election’ as applied to this case mean the City Election . . 

. or the General Election of the 7th day of November . . . 

. In determining this question, the intention of the legislature 

must be the sole guide. . . I’ 

“The words “general election’ would, standing alone, 

mean the state-wide election held in pursuance of general 

law every two years, which election is for the selection 

of state, district, county, and precinct offices. This ,is. 

a popular meaning of the term. It is a fundamental, rule 

of statutory construction that unless some good reason 

,appears to the contrary, words used in the statute would 

be construed by the courts in accordance with their popular 

and generally understood meaning. . . . ” 

“A general election is held in November every two 

years in each city and county of the state. True, no city 

officials are chosen at such election, but the voters voting 

in the city at such general election are ordinarily qualified 

voters in the next city election. It was a matter of judgment 

p. 832 
. 

The Honorable Tom Hanna, page 3 (H-182) 

for the legislature as to whether the standard of the last 

city election should be used or that of the last general 

election. In our opinion, it shows [chose] the latter 

standard. ” 

The court noted statutes in which the legislature demonstrably chose 

to state “general city or town election” or “regular city election, ” and 

distinguished the meaning of those terms from that of “general election” 

as used in the Fire and Police Employee Relations Act. 

Article 1269m, V. T. C. S. , creating the firemen’s and policemen’s 

civil service in cities over 10, 000, conditioned the local option election 

upon petition of ten per cent of the number voting in “the preckding 

municipal election” in § 27(a). 

Additionally, Art. 2. 01, V. T. C. S., Texas Election Code, 

provides in part: 

“A general election shall be held on the first Tuesday 

after the first Monday in November, A. D. 1964, and every 

two years thereafter, . , . “(:emphas% added) 

It is our opinion that “general election” in Art. 5154c-1 $ 5(b) refers 

to the statewide November election held every two years and not to the 

municipal election. 

SUMMARY 

Under Art. 5154c-1, $ 5(b) (Acts 1973, 63rd. Leg., 

ch. 81, p. 151), “general election” refers to the November 

election and not to the municipal election. 

Yours very truly, 

Attorney General of Texas 

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The Honorable Tom Hanna, page 4 (H-182) 

APPROYED: 

h 

Opinion Committee 

p. 834